Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

1. The Committee notes that in its last report the Government indicates that in an emergency, chiefs of villages or groups are empowered to call up the population to ward off any danger threatening the rural community by virtue of the provisions of Ordinance No. 77-44/CMLN of 12 July 1977 to reorganize the territory of Mali. The administrative authorities may also order any work which is required in the public interest pursuant to the laws on the participation of citizens in development and, in cases of force majeure, call up persons and requisition property, funds, labour, etc.

With regard to the power to call up persons in an emergency, the Committee refers to the explanations contained in paragraphs 63 to 66 of its General Survey of 1979 on the Abolition of Forced Labour, and draws the Government's attention to the need to ensure that it is quite clear from the legislation that the power to exact labour is to be limited to what is strictly required in order to cope with circumtances endangering the existence or well-being of the whole or part of the population.

The Committee also points out that the imposition of public works for the purpose of obtaining the participation of the population in development is not consistent with the obligation laid down in Article 1(b) of Convention No. 105, also ratified by Mali, which aims to suppress forced labour as a method of mobilizing and using labour for purposes of economic development.

The Committee also refers to its comments on the application of Convention No. 105.

The Committee asks the Government to provide a copy of Ordinance No. 77-44/CMLN of 12 July 1977.

2. Freedom of state employees to leave the service. The Committee noted that, by virtue of section 31 of Ordinance No. 72/CMLN of 31 December 1969 to issue the new conditions of service of the army of Mali, the resignation of career officers must be accepted by the Head of State.

The Committee also noted the Government's statement that the criteria for accepting or refusing applications to resign by army officers are the domain of the Ministry of National Defence and cannot therefore be made public.

The Committee referred to the explanations in paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour in which it points out that the effect of statutory provisions preventing resignation of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Convention. In paragraph 72, the Committee points out that the provisions relating to compulsory military service included in the Forced Labour Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice.

The Committee asked the Government to supply only the provisions on the termination of service of career officers and to inform it of the criteria used in accepting or refusing applications to resign.

The Committee notes that the Government's reports received in November 1991 and November 1992 contain no information on this point. It hopes that the next report will contain the information requested.

3. The Committee notes the information supplied by the Government concerning rural animation centres.